Gokmen v Long Is. Conservatory/Lisma

[*1] Gokmen v Long Is. Conservatory/Lisma 2005 NYSlipOp 51178(U) Decided on July 21, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 21, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: July 21, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.
2004-900 N C

Ibrahim Gokmen, Respondent,

against

Long Island Conservatory/Lisma, Appellant.

Appeal by defendant from a small claims judgment of the District Court, Nassau County (R. Marber, J.), entered February 9, 2004, in favor of plaintiff in the principal sum of $1,650.

Judgment unanimously affirmed without costs and action dismissed.

Plaintiff, a Turkish citizen, brought the instant small claims action to recover the sum of $1,750 paid to defendant school for English classes. Approximately six weeks after payment, he requested that the school refund his money. The school refused to do so. After trial, the court awarded plaintiff $1,650, representing the total tuition amount paid by plaintiff, less a $100 registration fee.

In our opinion, under the circumstances of this case, substantial justice was done "according to the rules and principles of substantive law" (UDCA 1807; Ross v Friedman, 269 AD2d 584 [2000]; Forte v Bielecki 118 AD2d 620, 621 [1996]; Blair v Five Points Shopping Plaza, 51 AD2d 167, 168 [1976]). "Findings of fact which rest in large measure on the credibility of witnesses should not be disturbed on appeal, particularly given the limited standard of review applicable to [small claims judgments]" (Gardner v Pharmacon Intl. Corp., 2001 NY Slip Op 40309[U] [App Term, 1st Dept]; see also Williams v Roper, 269 AD2d 125, 126 [2000]). Upon a review of the record, we find no basis to disturb the determination of the court below.
Decision Date: July 21, 2005